The one who commits zina in a state that does not rule by the Shari'ah: do his relatives carry out the hudud?
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Fatwa number ( 7488 )
Q: I would like to know what the ruling of Islam is in a case where a person commits a crime for which a hadd is established in Islam, such as (zina), but the state's law does not treat the one who commits this crime in accordance with what came in the Book of Allah. Can we, his relatives and his tribe, carry out the hadd on him, knowing that the ruling authorities will punish us for doing so? And what happens if the hadd is not carried out? Does he have any repentance with Allah, and to what extent is his repentance accepted?
A : It is not permissible for you to carry out the hadd on him, because carrying out the hudud is the exclusive jurisdiction of the one in authority, or his deputy, regarding the one who commits zina and the like of him among those who deserve the hadd. Otherwise, the one who commits zina and the like of him should seek forgiveness and repent to Allah, do much good deeds, return rights to their owners if they are financial, seek their pardon, make du'a' for them, and be kind to them. If he is sincere to Allah in his repentance and returns the financial rights to their owners, Allah will accept his repentance and forgive him by His grace and His kindness. Allah the Exalted said:[Al-Furqan 25:68-70]
And He said:[Taha 20:82] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I would like to know what the ruling of Islam is in a case where a person commits a crime for which a hadd is established in Islam, such as (zina), but the state's law does not treat the one who commits this crime in accordance with what came in the Book of Allah. Can we, his relatives and his tribe, carry out the hadd on him, knowing that the ruling authorities will punish us for doing so? And what happens if the hadd is not carried out? Does he have any repentance with Allah, and to what extent is his repentance accepted?
A : It is not permissible for you to carry out the hadd on him, because carrying out the hudud is the exclusive jurisdiction of the one in authority, or his deputy, regarding the one who commits zina and the like of him among those who deserve the hadd. Otherwise, the one who commits zina and the like of him should seek forgiveness and repent to Allah, do much good deeds, return rights to their owners if they are financial, seek their pardon, make du'a' for them, and be kind to them. If he is sincere to Allah in his repentance and returns the financial rights to their owners, Allah will accept his repentance and forgive him by His grace and His kindness. Allah the Exalted said:
(68) And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. (69) Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated - (70) Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.
وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَهًا آخَرَ وَلاَ يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلا بِالْحَقِّ وَلاَ يَزْنُونَ وَمَنْ يَفْعَلْ ذَلِكَ يَلْقَ أَثَامًا (68) يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا (69) إِلا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلا صَالِحًا فَأُولَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاAnd He said:
But indeed, I am the Perpetual Forgiver of whoever repents and believes and does righteousness and then continues in guidance.
وَإِنِّي لَغَفَّارٌ لِمَنْ تَابَ وَآمَنَ وَعَمِلَ صَالِحًا ثُمَّ اهْتَدَى
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.